9. On query made by the Court, learned counsel for the State submitted that in case of Dafadar the disciplinary authority is the District Magistrate. In the present case, admittedly, the enquiry was conducted by the Circle Officer, Sursand, Sitamarhi (respondent no.4). In that view of the matter, if the enquiry officer was the Circle Officer, Sursand, Sitamarhi and the disciplinary authority was the District Magistrate, Sitamarhi, I fail to understand as to how the Superintendent of Police, Sitamarhi would have any occasion to disagree with the findings of the enquiry officer. There are set principles for holding a disciplinary proceeding. The report of the enquiry officer is always submitted to the disciplinary authority and not to any other officer and it is for the disciplinary authority to pass necessary orders after issuance of second show cause notice to the delinquent employee. Apparently, a poor Dafadar is being harassed by the respondents for no fault on his part. The enquiry officer had submitted his report more than a decade back and since then the disciplinary authority is sitting tight over the matter. To top it all, at this belated stage, when a poor employee has retired, he has not been paid his pensionary benefits in the name of pending disciplinary proceeding as also due to the fact that he has not submitted his pension papers and due application form for withdrawal of general provident fund amount
